THE GRAND JURY OF THE COUNTY OF GENESEE, by this Indictment, accuses the Defendant, CHAD M. JOHNSTON, of the crime of BURGLARY IN THE SECOND DEGREE, a class C violent felony, contrary to Penal Law Section 140.25(2), in that he, the said CHAD M. JOHNSTON, on or about the 6th day of December 2023, knowingly entered or remained unlawfully in a dwelling, to wit: 111 Liberty Street,
in the City of Batavia, County of Genesee, State of New York, with intent to commit a crime therein.
COUNT TWO:
AND THE GRAND JURY AFORESAID, by this Indictment, further accuses the said, CHAD M. JOHNSTON, of the crime of ATTEMPTED BURGLARY IN THE SECOND DEGREE, contrary to Penal Law sections 110.00 and 140.25(2), a class D felony, in that he, the said CHAD M. JOHNSTON, on or about the 6th day of December, 2023, knowingly attempted to enter or remain unlawfully in a dwelling, to wit: 111 Liberty
Street, in the City of Batavia, County of Genesee, State of New York, with intent to commit a crime therein.
COUNT THREE:
AND THE GRAND JURY AFORESAID, by this Indictment, further accuses the said, CHAD M. JOHNSTON, of the crime of CRIMINAL MISCHIEF IN THE THIRD DEGREE, contrary to Penal Law Section 145.05(2), a class E felony, in that he, the said CHAD M. JOHNSTON, on or about the 6th day of December 2023, while at 111 Liberty Street, in the City of Batavia, County of Genesee, State of New York, with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he had such right, he damaged property of another person in an amount exceeding two hundred and fifty dollars.
________________________________________________________________________________________________________
THE GRAND JURY OF THE COUNTY OF GENESEE, by this Indictment, accuses the defendant, MICHAEL J. TORRES, of the crime of CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE FIFTH DEGREE, contrary to Penal Law Section 220.06(5), a class D felony, in that he, the said, MICHAEL J. TORRES, on or about the 12th day of July 2023, in the City of Batavia, County of Genesee, State of New York, knowingly and unlawfully possessed a controlled substance, to wit: Cocaine, and said Cocaine weighed five hundred milligrams or more.
COUNT TWO:
AND THE GRAND JURY AFORESAID, by this Indictment, further accuses the Defendant, MICHAEL J. TORRES, of the crime of CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE THIRD DEGREE, contrary to Penal Law Section 220.16(1), a class B felony, in that he, the said, MICHAEL J. TORRES, on
or about the 12th day of July 2023, in the City of Batavia, County of Genesee, State of New York, knowingly and unlawfully possessed d narcotic drug, to wit: Cocaine, with intent to sell it.
COUNT THREE:
AND THE GRAND JURY AFORESAID, by this Indictment, further accuses the Defendant, MICHAEL J. TORRES, of the crime of OBSTRUCTING GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE, contrary to Penal Law Section 195.05, a class A misdemeanor, in that he, the said MICHAEL J.
TORRES, on or about the 12th day of July 2023, in the City of Batavia, County of Genesee, State of New York, intentionally obstructed, impaired or perverted the administration of law or other governmental function or prevented or attempted to prevent a public servant from performing an official function by means of intimidation, physical force or interference or by means of any independently unlawful act.
___________________________________________________________________________________________________________
THE GRAND JURY OF THE COUNTY OF GENESEE, by this Indictment, accuses the Defendant, SHANTE C. JOHNSON, of the crime of BURGLARY IN THE SECOND DEGREE, a class C violent felony, contrary to Penal Law Section 140.25(2), in that she, the said SHANTE C. JOHNSON, on or about the 26th day of September 2023, knowingly entered or remained unlawfully in a dwelling, to wit: 13 Thorpe Street, in the City of Batavia, County of Genesee, State of New York, with intent to commit a crime therein.
COUNT TWO:
AND THE GRAND JURY AFORESAID, by this Indictment, further accuses the said, SHANTE C. JOHNSON, of the crime of CRIMINAL MISCHIEF IN THE FOURTH DEGREE, a class A misdemeanor, contrary to Penal Law Section 145.00(1), in that she, the said SHANTE C. JOHNSON, on or about the 26th day of September 2023, while at 13 Thorpe Street, in the City of Batavia, County of Genesee, State of New York, having no right to do so nor any reasonable ground to believe that she had such right, intentionally damaged property of another person, to wit: a door and door frame.
_____________________________________________________________________________________________________________
THE GRAND JURY OF THE COUNTY OF GENESEE, by this Indictment, accuses the defendant, MARK L. FRONGETTA, of the crime of CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE, a class D felony, contrary to Penal Law Section 265.02(1), in that he, the said MARK L. FRONGETTA, on or about the day of July 2023, in the Town of Batavia, County of Genesee, State of New York, possessed a dangerous
instrument with intent to use the same unlawfully against another.
COUNT TWO:
AND THE GRAND JIJRY AFORESAID, by this Indictment, further accuses the said, MARK L. FRONGETTA, of the crime of MENACING IN THE SECOND DEGREE, a class A misdemeanor, contrary to Penal Law Section 120.14( l), in that he, the said MARK L. FRONGETTA, on or about the day of July 2023, in the Town of Batavia, County of Genesee, State of New York, intentionally placed or attempted to place another person,———, in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument.
_______________________________________________________________________________________________________________
THE GRAND JURY OF THE COUNTY OF GENESEE, by this Indictment, accuses the Defendant, PAUL LEE, of the crime of CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FOURTH DEGREE, contrary to Penal Law Section 165.45(2), a class E felony, in that he, the said PAUL LEE, on or about the 24th day of August, 2023, in the City of Batavia, County of Genesee, State of New York, did knowingly possess stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof and the property consisted of a Tonawanda Valley Credit Union debit card ending in —– in the name of ———.
COUNT TWO:
AND THE GRAND JURY AFORESAID, by this Indictment, further accuses the said, PAUL LEE, of the crime of IDENTITY THEFT IN THE THIRD DEGREE, contrary to Penal Law Section 190.78(1), a class A misdemeanor, in that he, the said PAUL LEE, on or about the 24th day of August, 2023, while at Rite Aid located at 601 East Main Street, in the City of Batavia, County of Genesee, State of New York, knowingly and with intent to defraud assumed the identity of another person by presenting himself as that other person, or by acting as that other person or by using personal identifying information of that other person
and thereby obtained goods, property, services or used credit in the name of such other person, to wit: ——–.
COUNT THREE:
AND THE GRAND JURY AFORESAID, by this Indictment, further accuses the said, PAUL LEE, of the crime of PETIT LARCENY, contrary to Penal Law Section 155.25, a class A misdemeanor, in that he, the said PAUL LEE, on or about the 24th day Of August, 2023, while at Rite Aid located at 601 East Main Street, in the City of Batavia, County of Genesee, State of New York, did steal property.
COUNT FOUR:
AND THE GRAND JURY AFORESAID, by this Indictment, further accuses the said, PAUL LEE, of the crime of IDENTITY THEFT IN THE THIRD DEGREE, contrary to Penal Law Section 190.78(1), a class A misdemeanor, in that he, the said PAUL LEE, on or about the 24th day of August, 2023, while at Exxon Mobile
gas station located at 563 E. Main Street, in the City of Batavia, County of Genesee, State of New York, knowingly and with intent to defraud assumed the identity of another person by presenting himself as that other person, or by acting as that other person or by using personal identifying information of that
other person and thereby obtained goods, property, services or used credit in the name of such other person, to wit: ———.
COUNT FIVE:
AND THE GRAND JURY AFORESAID, by this Indictment, further accuses the said, PAUL LEE, of the crime of PETIT LARCENY, contrary to Penal Law Section 155.25, a class A misdemeanor, in that he, the said PAUL LEE, on or about the 24th day of August, 2023, while at Exxon Mobil gas station located at 563 East Main Street, in the City of Batavia, County of Genesee, State of New York, did steal property.
The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is
presumed innocent until and unless proven guilty.